Cases We Handle

Appeals & Post-Conviction Relief (PCR)

If you are convicted after a trial and wish to appeal your conviction and/or sentence, you have the right to file an appeal.

Discuss this with your attorney prior to and immediately after sentencing. If you decide to appeal your conviction and/or sentence, the notice of appeal must be filed within 20 days of your sentencing date.

Right to PCR
The right to PCR is the right of a person convicted of a crime to have his or her criminal conviction or sentence reviewed by a court for errors or mistakes.

Rule 32 Proceedings
This process is also commonly referred to “Rule 32 Proceedings.” The right to post-conviction relief has time limits. The time requirements must be followed. Failure to follow the rules may result in giving up the right to have the court review the case.

Dependency

Juvenile Dependency Proceedings are proceedings in which the State of Arizona, or a private individual, seeks the assistance of the Juvenile Court to determine if a child is dependent upon the State for parental care.

Dependent Child
A "dependent child" is a child who is in need of proper and effective parental care and control and has no parent or guardian who is willing or capable of exercising that care and control.

A dependent child could also be a child who is destitute, or who is not provided with the necessities of life, including adequate food, clothing, shelter or medical care, or where the home is "unfit" by reason of abuse, neglect, cruelty or depravity by a parent, guardian or other person having care or custody of the child.

Felony

In Gideon v. Wainwright (1963), the Supreme Court ruled that the Constitution requires the states to provide defense attorneys to criminal defendants charged with serious offenses who cannot afford lawyers themselves. In Arizona, the Court makes the determination of indigency and orders appointment of counsel. The office is not permitted to take private clients or assume representation of a client without appointment by the Court.

In Arizona, a felony is an offense that has a potential punishment of one year or more in the Arizona Department of Corrections (prison).

How Clients Are Assigned to Our Office

The Maricopa County Office of the Legal Advocate represents people charged with or appealing their conviction of criminal acts, those facing or appealing mental health commitments, and minor children in dependency actions as directed by the Superior Court of Maricopa County.

The Court assigns our office to represent indigent defendants, and we are not permitted to take private clients or assume representation of a client without appointment by the Court.

Sexually Violent
A sexually violent person is one who has been convicted of a sexually violent offense and has been determined to be likely to commit future acts of sexual violence due to a mental disorder.